Spray v. Wright

Opinion by

Judge Holt:

We think the point referred to in petition for rehearing “as must be relied on for reversal” was alluded to in the opinion, because it was decided that “By the provisions of section 295 of the Code the court was authorized to assess the damages.” This the court could not have decided without considering the arguments advanced for appellant as to .why it was not within the power of the court to award the damages. But to give the reasons of the court for so deciding may be more satisfactory.

The injunction in this case was sued out February 15th, 1876, and bond given same…